Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service

Oil Pollution Act

This Act, Oil Pollution Act of 1990 -- Public Law 101-380 (33 U.S.C. 2701 et seq.; 104 Stat.
484) established new requirements and extensively amended the Federal Water Pollution Control
Act (33 U.S.C. 1301 et. seq.) to provide enhanced capabilities for oil spill response and natural
resource damage assessment by the Service. It required Service consultation on developing a
fish and wildlife response plan for the National Contingency Plan, input to Area Contingency
Plans, review of Facility and Tank Vessel Contingency Plans, and to conduct damage
assessments associated with oil spills. The following are the pertinent provisions.

Title I, section 1006, provided that Federal trustees shall assess natural resource damages for
natural resources under their trusteeship. Federal trustees may, upon request from a State or
Indian tribe, assess damages to natural resources for them as well. Trustees shall develop and
implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent
of natural resources under their trusteeship.

The definition of natural resources damages was amended to include restoration as the basic
measure, plus other values. Natural resource damage assessment regulations were
promulgated by the National Oceanic and Atmospheric Administration in August
1992. (These regulations replaced Department of the Interior regulations at 43 CFR Part 11
for oil spills only.) Damages collected must be retained in a revolving account for use only to
reimburse assessment costs and restore, replace, or acquire the equivalent natural resources.

Title I, section 1011, provides that trustees are to be consulted on the appropriate removal
action to be taken in connection with any discharge of oil.

Title I, section 1012, provided for the uses of the oil pollution fund. In addition to response
costs, the fund may be used without appropriations to pay the costs of assessments, as well as to
pay claims for natural resource damages if there are no funds or insufficient funds from a
responsible party. (A claims procedure was developed under section 1013.) This section
also stipulated deadlines for the submission of removal cost claims and damage claims.

Title IV, section 4201, amended subsection 311(d) of the Federal Water Pollution Control
Act with respect to Federal removal authority. It declared the contents of the National
Contingency Plan to consist of a detailed oil and hazardous substance pollution prevention plan,
including fisheries and wildlife. The Fish and Wildlife Response Plan was developed in
consultation with the Service and the National Oceanic and Atmospheric Administration.

Title IV, section 4202, amended subsection 311(j) of the Federal Water Pollution Control
Act with respect to the National Planning and Response System. It defined area committees and
area contingency plans, and requirements and deadlines for agencies. Under this section, the
Service is required to generate a list of all equipment, including fire fighting equipment, as well
as personnel and any other equipment and supplies that could be used to expedite the removal of
oil or mitigation of a spill.

Title IV, section 7001, provided for oil pollution research and development. The Service is
included in the Interagency Coordinating Committee on Oil Pollution Research, established to
research and develop methods to restore and rehabilitate natural resources damaged by oil
discharges, and to research and evaluate the relative effectiveness and environmental impacts of
bioremediation technologies.

One aspect of particular interest to the Service involves the identification of ecologically
sensitive areas and the preparation of scientific monitoring and evaluation plans. Research
conducted by the Service is to be directed and coordinated by the National Wetland Research
Center.